In the matter of the adoption of CEV
[2025] ACTSC 377
•26 August 2025
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | In the matter of the adoption of CEV |
Citation: | [2025] ACTSC 377 |
Hearing Date: | 26 August 2025 |
Decision Date: | 26 August 2025 |
Reasons Date | 1 September 2025 |
Before: | Muller AJ |
Decision: | (1) [CEV] become, by this order, the adopted child of [the proposed adoptive parent]. (2) I direct the Registrar to notify the Director-General in writing of the adoption order. |
Catchwords: | ADOPTION – ADULT ADOPTION – Application for adoption of adult born overseas – evidence of relationship between proposed adoptee and proposed adoptive parent – good reputation of proposed adoptive parent – no immigration concerns – consent of proposed adoptee given – adoption order made |
Legislation Cited: | Adoption Act 1993 (ACT), ss 10, 12, 13, 28, 39I Australian Citizenship Act 2007 (Cth), ss 3, 13 |
Cases Cited: | Re an Application for the Adoption of FFK [2016] ACTSC 134 |
Parties: | [The proposed adoptive parent] ( Applicant) |
Representation: | Counsel A D’Arville ( Applicant) |
| Solicitors Dobinson Davey Clifford Simpson ( Applicant) | |
File Number: | AD 3 of 2025 |
MULLER AJ:
Introduction
On 26 August 2025, I heard and determined an application made by the proposed adoptive parent for an adoption order in respect of CEV, an adult person and a Colombian citizen.
Reasons were reserved on 26 August 2025 and are now set out below.
Background matters
CEV was born in Colombia in January 1998 and is currently 26 years of age. Having been abandoned by his father as a baby, he entered the Colombian care system, aged 9, when his mother was sent to prison for 10 years. Thereafter, he had no further contact with his mother or elder siblings.
He first met his proposed adoptive parent in 2009, when CEV was living at an orphanage in Colombia, at which his proposed adoptive parent was working as a volunteer.
CEV came to Australia in April 2016 to complete his high school studies, having successfully applied for a student visa. He has resided with his proposed adoptive parent since that time.
The dictionary to the Adoption Act 1993 (ACT) (Adoption Act) defines a “child” as a person who is under 12 years old, and a “young person” as a person who is 12 years or older but not yet an adult. An “adult” is defined, with reference to the Legislation Act 2001 (ACT), as an individual who is at least 18 years old. CEV is therefore clearly an adult for the purposes of the Adoption Act.
Section 10(1) of the Adoption Act allows for an adoption order in respect of an adult person in defined circumstances:
10Adoption of person 18 years old or older
(1) An adoption order may be made for a person who was 18 years old or older on the day the application was filed in the court if—
(a)the applicant or applicants have been in a care-giving relationship with the person; and
(b)the person has received physical, emotional, intellectual and educational support from the applicant or applicants; and
(c)the person, or at least 1 applicant, is ordinarily resident in the ACT.
In accordance with s 10(2), much of the balance of the requirements set out in the Adoption Act that guide the determination of an adoption application do not apply to the adoption of an adult. There remains the need to satisfy the requirements of ss 12,13 and 39I of the Adoption Act:
12Frustration of immigration law
An adoption order must not be made if the court considers that it is being sought primarily as a means of evading the operation of a law of the Commonwealth relating to immigration.
13Residency requirement
(1) An adoption order may only be made in favour of a person, or 2 people, who are ordinarily resident in the ACT.
(2) This section does not apply to an adoption order under section 57 (Adoption in ACT of ACT child or young person by parents from Convention country).
39IDeciding application for adoption order for person 18 years old or older
The court must not make an adoption order for a person who was 18 years old or older on the day the application was filed in the court unless—
(a)the person consents to the adoption by the applicant or applicants; and
(b)the court is satisfied that the applicant or applicants are of good reputation.
For this application, the matters of which the court must be satisfied are therefore that:
(a)The proposed adoptive parent has been in a care-giving relationship with CEV;
(b)CEV has received physical, emotional, intellectual and educational support from the proposed adoptive parent;
(c)CEV is ordinarily resident in the ACT;
(d)The order is not being sought primarily as a means of evading the operation of a law of the Commonwealth relating to immigration;
(e)CEV consents to the adoption; and
(f)The proposed adoptive parent is a person of good reputation.
The following affidavits were read in support of the application:
(a)Affidavit of CEV sworn on 6 May 2025;
(b)Affidavit of the proposed adoptive parent sworn on 4 July 2025;
(c)Affidavit of the proposed adoptive parent sworn on 14 August 2025; and
(d)Affidavit of NC sworn on 6 May 2025.
Relationship between CEV and proposed adoptive parent
The evidence amply demonstrates the existence of a care-giving relationship between CEV and the proposed adoptive parent, comprising support in each of the areas identified in s 10(1)(b). I note in particular:
(a)The forming of a bond between the two, when CEV was aged only 9 or 10 years and the proposed adoptive parent was a young man filling the role of a house parent in the dormitory in which CEV lived at the orphanage. The role of the house parent is described as having all of the functions that would ordinarily be performed by a parent with respect to safety, meals, personal care and attending school.
(b)The ongoing support provided to CEV by the proposed adoptive parent upon his return to Australia in 2011 (in circumstances where he had returned with another orphaned boy that he had successfully adopted whilst still in Colombia), in the nature of funding for medical care, schooling and sports activities, periodic travel to Colombia to visit CEV and ongoing emotional support.
(c)The assistance provided to CEV in procuring a student visa to enable his travel to Australia for study purposes, and the provision of accommodation and financial support upon CEV's arrival in Australia at 18 years of age.
CEV’s place of residence
CEV has resided in Australia and has lived with his proposed adoptive parent in this country continuously since April 2016. From 2018, their place of residence has been in Canberra.
The list of definitions contained in s 3 of the Australian Citizenship Act 2007 (Cth) (Citizenship Act) defines “ordinarily resident”, in relation to residency of a country, as follows:
“ordinarily resident”: a person is taken to be ordinarily resident in a country if and only if:
(a)he or she has his or her home in that country; or
(b)that country is the country of his or her permanent abode even if he or she is temporarily absent from that country.
However, the person is taken not to be so resident if he or she resides in that country for a special or temporary purpose only.
I am therefore satisfied that both CEV and the proposed adoptive parent are ordinarily resident in the ACT.
Good reputation
Pursuant to s 39I(b) the court must be satisfied that the proposed adoptive parent is a person of good reputation.
As Refshauge J observed in Re an Application for the Adoption of FFK [2016] ACTSC 134 at [24]:
Reputation is, of course, a fact. It is to be distinguished from character, which refers to a person’s traits as pointed out by Lord Radcliffe in Plato Films Ltd v Spiedil [1961] AC 1090 at 1128. Reputation was described as “the popular belief of a man’s character” by Mayo J in Dias v O’Sullivan [1949] ALR 586 at 591. Thus, as Howell CJM said in R v Sands (1915) 25 CCC 120 at 123 pointed out [sic], reputation is a matter of hearsay, “simply what the public say about a person”.
The affidavit of NC, a co-worker of the proposed adoptive parent at the Tuggeranong Walk-in Centre, where the proposed adoptive parent has been employed as a nurse practitioner since 2017, attests to his good reputation in the workplace and to the positive feedback received from clients in respect of his professional attitude, high-quality care and compassion. NC attests that she has had opportunities to observe the proposed adoptive parent interacting with CEV and the wider family in social settings, and attests to the positive and warm relationship she observed between CEV and the proposed adoptive parent in that context.
I note also the nomination of the proposed adoptive parent as an ACT finalist for the Young Australian of the Year Award in 2004, in recognition of his extensive charitable work for various organisations.
I am satisfied on the basis of the material before me that the proposed adoptive parent is a person of good reputation.
Immigration matters
CEV has resided in Australia since 2016, having entered the country pursuant to a student visa. Upon completing his schooling in Australia, he then obtained a teaching qualification in the form of a Bachelor of Education awarded by the University of Canberra. CEV is currently working as a teacher at a local primary school. He holds a Subclass 485 Post-Higher Education Work visa that allows him to work. In May 2025, he was invited by the ACT Government to apply for a Subclass 190 Skilled Nominated Permanent Resident visa. That application has been lodged and its receipt by the Department of Home Affairs was in evidence before the Court.
The permanent residency application is not dependent or reliant on the present adoption application. The clearest indicator that the present application for adoption is not made as a means of evading the operation of a Commonwealth law relating to immigration is the effect of s 13 of the Citizenship Act. It provides:
13Citizenship by adoption
A person is an Australian citizen if the person is:
(a)adopted under a law in force in a State or Territory; and
(b)adopted by a person who is an Australian citizen at the time of the adoption or by 2 persons jointly at least one of whom is an Australian citizen at that time; and
(c)present in Australia as a permanent resident at that time.
Thus, in making this application for adoption at a time when CEV is not a permanent resident, CEV will be denied the benefit of s 13, that would otherwise have automatically afforded him Australian citizenship in the event of his adoption.
Consent
The consent of CEV to the adoption is required pursuant to s 39I(a). Although no formal instrument of consent is provided (and none is required), the fact of CEV’s provision of an affidavit in support of the application made by the proposed adoptive parent is of itself sufficient to demonstrate his consent. If more was required, it is expressed in CEV’s own words:
I don't need a piece of paper to tell me who my family is, but adoption just gives me legal recognition that I'm my dad's son.
The consent of the proposed adoptive parent is, in this case, not required as he is the applicant in the proceeding: s 28 of the Adoption Act.
Orders
The requirements of the Adoption Act having been satisfied, it was appropriate to make the following orders:
(1)[CEV] become, by this order, the adopted child of [the proposed adoptive parent].
(2)I direct the Registrar to notify the Director-General in writing of the adoption order.
| I certify that the preceding twenty-five [25] numbered paragraphs are a true copy of the Reasons for Judgment of his Honour Acting Justice Muller. Associate: Date: |
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